Showing posts with label FOIA. Show all posts
Showing posts with label FOIA. Show all posts

Thursday, September 12, 2013

Agency Created to Force FOIA Compliance a Failure

An agency created by Congress years ago to promote government transparency by facilitating the treacherous process of obtaining public records has failed to do its job, according to a federal audit.

Is anyone really surprised? With a $1 million infusion from Congress, the Office of Government Information Services (OGIS) was promoted with great fanfare in 2009 as an objective ombudsman that would force federal agencies to comply with public records requests. Part of its mission is resolving disputes between federal agencies and those who request records under the Freedom of Information Act (FOIA).  

Judicial Watch has a lot of experience in this area because FOIA is a valuable tool in our mission to promote government transparency and accountability and expose public corruption. In many cases, especially when the stakes are high, federal agencies violate FOIA deadlines—or simply disregard the law all together—and JW must initiate litigation.

OGIS was created precisely to curb a shameful surge in FOIA violations by the U.S. government. In fact, media and government transparency groups across the nation hailed it as a “milestone” that would finally force agencies to be more responsive to FOIA requests from journalists and ordinary citizens. There was great hope that the new office would efficiently mediate disputes over requests and help ease the grueling and costly process of pursuing records when agencies refuse to turn them over.

This has not occurred, according to a federal audit released this week by the Government Accountability Office (GAO), the investigative arm of the U.S. Congress. The OGIS “has not performed the reviews of regulations and notices in a proactive, comprehensive manner, and has not conducted any reviews of agencies’ compliance with the law,” the GAO writes in its report.



Thursday, August 16, 2012

JUDICIAL WATCH SUES OBAMA ADMIN FOR AMNESTY DOCUMENTS


Judicial Watch today sued the Department of Justice and the Department of Homeland Security for documents related to President Barack Obama’s “Deferred Action for Childhood Arrivals” executive order that allows young illegal immigrants who meet certain qualifications to get a two-year work permit and temporary amnesty. 

Judicial Watch says it is seeking the following records in its June 22, 2012, Freedom of Information Act (FOIA) request:
All records concerning…the Department of Homeland Security’s decision to exercise prosecutorial discretion with respect to individuals who came to the United States as children…Such records include, but are not limited to, opinions, memoranda, or legal advice rendered by the Office of Legal Counsel.
The Department of Justice had until July 24, 2012 to comply with the FOIA request, but has failed to do so to date.  On June 22, 2012, Judicial Watch submitted a similar FOIA request to the Department of Homeland Security. DHS was required to by law to respond to Judicial Watch by August 10, 2010. DHS, to date, has not responded. 
“This new Obama amnesty program is an attack on the constitutional role of Congress and runs rough shod over existing immigration law.  It is no surprise that the Obama administration doesn’t want to share the legal basis for this unilateral executive action and is violating Freedom of Information Act law to keep the American people in the dark,” said Judicial Watch President Tom Fitton in a statement.  “President Obama and his political appointees are abusing their offices with this new amnesty program.  If the administration were confident about the legality of its actions, it wouldn’t be keeping secret the legal basis for President Obama’s extraordinary decision to unilaterally change the law.” 

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